| What is Divorce, What are the steps of getting a | | | | contact information etc) |
| divorce, Cam I get a divorce, How long do we have to | | | | • Court fees |
| be apart before we can get a divorce all these | | | | The respondent who has been served the divorce by |
| questions are regular questions asked my a husband | | | | the petitioner are served upon them: - |
| or wife who are considering a divorce. | | | | • Statement of arrangements |
| Divorce has the definition of the dissolution of marriage | | | | • Petition |
| the break down the ending of the marriage before | | | | • Notice of proceedings |
| either partner dies or the legal act of ending a | | | | • Notice of public funding (if applicable) |
| marriage. A divorce can be annulled where the | | | | • Acknowledgement of Service reveals if the |
| marriage is made void via the effects of marriage | | | | respondent is to defend the petition or also has the |
| including child custody, distribution of property and | | | | intention of a divorce, if there has been an agreement |
| spousal support. | | | | for where the children live, access rights etc if this is |
| I will now explain the process of applying for a divorce | | | | applicable, if the respondent agrees to pay the court |
| and other information you may need to know: - | | | | fees and any other processing fees. |
| Either party can make an application for a divorce, the | | | | If after this processes the respondent agrees to all of |
| person who makes the application will be known as | | | | the above an Affidavit statement is sent by the |
| the ‘Petitioner’ and the other party named as | | | | petitioner to the Court, this swears that the Petition is |
| the ‘Respondent’, if there is any other people | | | | accurate. This Affidavit is a written statement, which |
| involved these will be known as | | | | contains evidence given on oath. Its usually written in |
| ‘Co-respondents’. You will need to prove the | | | | numbered paragraphs, you can attach other |
| marriage has broken down by either of these points: - | | | | documents to this Affidavit. |
| • Adultery by the respondent | | | | From this point the District Judge considers the Petition |
| • Unreasonable behaviour | | | | and to a decree the divorce, if the Judge agrees a |
| • Desertion by the respondent for 2 years or more | | | | Decree Nisi date is set. Six weeks from this date the |
| • Separation for 5 years | | | | petitioner can apply for a Decree Absolute the |
| The other information you will need to show with your | | | | respondent can apply three months from the six |
| petition for a divorce are: - | | | | weeks has expired by a court application. |
| • Your Marriage certificate | | | | You might be wondering how long this process may |
| • Copies of the petition for service on the | | | | take, every divorce is different and so the time it takes |
| respondent | | | | to divorce varies from court to court, case to case. |
| • Reconciliation statement (if a solicitor is acting for | | | | The average time is 5 to 8 months but it depends on |
| petitioner) | | | | the type of divorce and if it involves minor children. The |
| • Public funding certificate (if applicable) | | | | help of an experienced family lawyer can help reduce |
| • Arrangements of statements for any children | | | | stress when dealing with custody and access battles |
| (where they live and who with, schools they attend, | | | | through the legal process. |